What will you wear on Election Day?

Some free speech advocates want to know how things go if you wear an Obama T-shirt or a McCain button to the polls on Tuesday. As you have no doubt heard, the State Board of Elections says it is against the rules to wear campaign clothing into the voting booth. You may be asked to cover up or remove the offending advocacy.

“No person shall show, display, or exhibit any material, object, item, advertisement, or piece of apparel, which has the purpose of expressly advocating the election or defeat of a clearly identified candidate or issue.”

First, however, the organizations say they want to find out how the policy is enforced at the Virginia polls on Tuesday.

“Our focus right now is on finding out what actually happens to voters on Election Day,” said the ACLU’s Kent Willis. “Voters need to tell us their experiences so we’ll know how and where this unconstitutional rule is being enforced and what action we need to take.”

UPDATE:

As if to chime in, the Washington and Lee law school today posts the views of its dean and First Amendment scholar Rodney A. Smolla: “I think we have a First Amendment right to wear T-shirts promoting our political preference, even to the polling place,” Smolla said.